Common use of Failure to Remedy Defects Clause in Contracts

Failure to Remedy Defects. If the Contractor fails to remedy any damage within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the damage is to be remedied. The Contractor shall be given reasonable notice of this date. If the Contractor fails to remedy the damage by this notified date and this remedial work was to be executed at the cost of the Contractor, following shall be undertaken by the Employer / Engineer: a) carry out the work himself or by others, in a reasonable manner and at the Contractor's cost, but the Contractor shall have no responsibility for this work; and the Contractor shall pay to the Employer the costs reasonably incurred by the Employer in remedying the damage;

Failure to Remedy Defects. If the Contractor fails to remedy any damage within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the damage is to be remedied. The Contractor shall be given reasonable notice of this date. If the Contractor fails to remedy the damage by this notified date and this remedial work was to be executed at the cost of the Contractor, following shall be undertaken by the Employer / Engineer: (a) carry out the work himself or by others, in a reasonable manner and at the Contractor's cost, but the Contractor shall have no responsibility for this work; and the Contractor shall pay to the Employer the costs reasonably incurred by the Employer in remedying the damage; (b) Require Engineer / Employer to agree or determine a reasonable reduction in the Contract Price.

Failure to Remedy Defects. If the Contractor fails to remedy any damage within a reasonable time, a date may be fixed by (or on behalf of) the Employer, on or by which the damage is to be remedied. The Contractor shall be given reasonable notice of this date. If the Contractor fails to remedy the damage by this notified date and this remedial work was to be executed at the cost of the Contractor, following shall be undertaken by the Employer / Engineer: a) carry out the work himself or by others, in a reasonable manner and at the Contractor's cost, but the Contractor shall have no responsibility for this work; and the Contractor shall pay to the Employer the costs reasonably incurred by the Employer in remedying the damage; b) Require Engineer / Employer to agree or determine a reasonable reduction in the Contract Price.